Venezuela's CNE*: Constitution not Effective

By Alexandra Beech, veninvestor.com

In what could be the most questionable decision in recent Venezuelan history,
the National Electorate Council (CNE) decided today that Venezuelans living
abroad may not participate in the signature drive for the referendum against
President Hugo Chavez.

Even though the CNE controlled the conditions for the petition drive, election
authorities decided that only Venezuelans living in Venezuela can sign for the
referendum.

Thousands of Venezuelans would have been eligible to sign in other countries.
Even though Venezuelans must register at a local embassy or consulate to vote,
the same condition did not apply for the signature drive, which threatened the
Chavez administration at its core, since most Venezuelans living abroad oppose
the regime.

This solely political decision, lamely supported by international organizations
such as the Carter Center, violates the following articles in the 1999 Bolivarian
constitution:

1.) All citizens have a right to participate freely in public affairs…it
is the obligation of the State and the duty of society to facilitate the most
favorable conditions for this exercise.” (Article 62)

2.) The following are the People’s means of participation in the exercise
of their sovereignty, regarding politics: the election of public officials,
the referendum, a popular consult, the recall of a mandate. (Article 70)

Furthermore, the decision violates the fourth clause of OAS Resolution 833,
presented on December 16, 2002 by the OAS Permanent Council, which resolved:

4.) To urge the Government of Venezuela to ensure respect for, and to urge
all sectors of society to preserve, the free exercise of the essential elements
of democracy to promote a constitutional, democratic, peaceful, and electoral
solution. (Point 5)

The CNE’s decision violates the agreement reached on May 29, 2002 between
the government and the opposition, facilitated by the OAS, the United Nations
Development Programme, and the Carter Center. The Agreement states that “we,
the parties, agree that this resolution of the crisis should be achieved through
application of Article 72 of the Constitution of the Bolivarian Republic of
Venezuela, which provides for the possible holding of revocatory referenda on
the mandates of all those holding positions and serving as magistrates as a
result of popular election, where they have served one-half of the term for
which they were elected (governors, mayors, regional legislators, and representatives
in the National Assembly), or will have served one-half of their term in the
course of this year, as is the case of the President of the Republic…”

There is no viable excuse for this flagrant violation of human and constitutional
rights in Venezuela. The constitution states in Article 21 that all persons
are considered equal under the law. However, under Chavez, some Venezuelans
are considered more equal that others. Just as it provided the conditions for
the signature drive, the National Elections Council could have monitored the
process through the government’s embassies and consular offices. Venezuelans
deserve democracy and freedom.